SLP preferred against the Hon’ble Madras High Court direction to SIT
1. In the present set of matters, Special Leave Petition Diary No. 58048 of 2025 has been filed against the order of the learned Single Judge of the Madras High Court dated 3.10.2025 passed in Writ Petition Criminal No. 1000 of 2025, challenging the direction for formation of a Special Investigation Team (hereinafter referred to as “SIT”).
SLP preferred against the order rejecting prayer to direct CBI investigation
3. Special Leave Petition (Criminal) No. 16081 of 2025 has been filed against the judgment dated 03.10.2025 passed by the division bench of the Madras High Court, Madurai bench in WP(MD) No. 27571 of 2025, rejecting the prayer for transfer of investigation to the CBI. The petitioner in the said case was not a victim / relative of victim of the incident, but is a public-spirited citizen.
4. Writ Petition (Criminal) No. 412 of 2025 under Article 32 of the Constitution of India has been filed by the petitioner whose sister and her fiancé have died in the incident; while making several allegations, the petitioner has prayed for CBI investigation. The Writ Petition (Criminal) No. 413 of 2025 under Article 32 of the Constitution of India has been filed by the petitioner whose wife has died in the incident, seeking similar prayer.
6. Heard on the question of grant of interim relief.
Unfortunate incident of Karur Stampede crowd crush
7. All the above cases relate to an unfortunate incident of stampede crowd crush which occurred on 27.09.2025 at about 7.30 P.M. in Velusamypuram, Karur District, Tamil Nadu (hereinafter referred to as the “Karur stampede”).
Summary of organising Karur political rally by TVK
8. The Karur stampede resulted in loss of 41 innocent lives and causing injuries to more than 100 persons during a political rally organized at Velusamypuram in Karur District, Tamil Nadu by the Tamilaga Vettri Kazhagam, a regional political party (hereinafter referred to as “TVK”). Purported permission to conduct the said rally as requested by the TVK was granted by the Deputy Superintendent of Police, Karur Town Sub-Division vide letter dated 26.09.2025. The TVK was headed by Thiru Vijay (a renowned Tamil actor) who was set to visit the locality for a public meeting. In order to attend the said rally and meeting, huge crowd gathered at the spot to see him.
FIR registered aftermath of the karur stampede
9. In consequence, on the fateful day of the rally and meeting, Karur stampede took place. In the aftermath of the unfortunate incident, FIR No. 855/2025 was registered on 27.09.2025 in Police Station Karur Town under Sections 105, 110, 125B, 223 of the Bhartiya Nayaya Sanhita, 2023 (hereinafter referred to as “BNS”) read with Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 (hereinafter referred to as “TNPP Act”).
C.M of Tamilnadu announced one member enquiry commission
5 The investigation was initiated by the police, and immediately on the same date, i.e. 27.09.2025, by means of a ‘press release’ Hon’ble The Chief Minister of Tamil Nadu announced the formation of a one member Enquiry Commission headed by a retired High Court Judge, Ms. Justice Aruna Jagadeeshan.
Writs were filed for SOP guidelines and CBI investigation
12. From the above, it can be gathered that various writ petitions were filed before the Madurai Bench of the High Court of Madras because Karur town falls within the jurisdiction of the Madurai Bench as prayed in those cases, it was cognizant of the Karur stampede, the prayer for formulating the Standard Operating Procedure (hereinafter referred to as “SOP”) along with guidelines for political rallies, road shows, public meetings, etc. and also of the prayer seeking CBI investigation in the matter was also prayed.
13. During the course of hearing, it has been brought to the notice of this Court that earlier, WP Crl. No. 884 of 2025 was filed on 16.9.2025 before the Principal Bench of the Madras High Court by the TVK seeking the following relief:
“Directing the Respondent to forthwith instruct all subordinate police officials throughout the state of Tamil Nadu to consider and grant necessary permissions to the petitioner party for conducting political campaigns led by its party leader, Mr. Vijay Across the state of Tamil Nadu between 20.09.2025 to 20.12.2025 on the basis of the petitioners political party representation dated 09.09.2025 by the consideration of the Representation of the petitioner dated 15.09.2025 in a fair, uniform and non – discriminatory manner, within a time frame fixed by this Hon’ble Court and in accordance with law.”
But Madras High Court single judge from principal seat suo motu directed the CS for SOP guidelines
14. Surprisingly, the learned Single Judge of the Madras High Court Main Seat, without adverting to the prayer made in the WP Crl. No. 884 of 2025, vide interim order dated 18.09.2025, directed that the State Government to come up with the guidelines with regards to collection of security deposit from the political parties which intend to have huge public meetings, gatherings or demonstrations. The Court vide subsequent order dated 24.09.2025 suo moto directed to join the Chief Secretary and the Home Secretary of Govt. of Tamil Nadu as parties. On the said date, the Court disapproved the affidavit dated 23.09.2025 filed by the State inter-alia stating that for preparing the guidelines for collection of security deposit, several departments were required to be kept on board which may take some time, however, it was stated that the Government is addressing the issue. The report regarding formulation of the guidelines was also sought for by the Court while posting the matter on 16.10.2025.
Hon’ble Madras High Court principal seat Single judge has suo motu directed for SIT for investigation
17. After perusal of pleadings and reliefs, learned Single Judge has suo moto decided to enlarge the scope of the writ petition, stating extraordinary circumstances require extraordinary measures, even in absence of pleadings and prayer for constitution of SIT. Learned Single Judge made some observations about the Karur stampede. In the writ petition, the TVK and its members were not made party and without joining the necessary parties and affording opportunity, the order impugned has been passed. In result, as per said order, the Court took suo moto cognizance and recorded the finding of non-satisfaction with respect to progress or independence of the investigation and directed for the formation of SIT consisting of the officers of the State. The judgement is completely silent about how learned Single Judge arrived at such a conclusion and what material was perused by the Court. The said order mainly refers the submissions made by the Ld. Additional Advocate General.
SOP shall be dealt with by Division Bench and not by single bench
18. It is not out of place to observe that the orders passed in the various writ petitions except Writ Petition No. 884 of 2025 were dated 03.10.2025. The order of the Division Bench of the Madras High Court, Madurai Bench in WP (MD) No. 27532 of 2025 and batch, taking cognizance of the aforesaid order, made the observation that learned Single Judge of the Madras High Court at Chennai is seized of the matter relating to the formation of SOP in WP Crl. No. 884 of 2025, therefore, refused to consider the prayer for formation of SOP. In our view, where the prayer to form SOP / Guidelines for public rallies affecting general public at large was being examined, however, such petition ought to be dealt with by the Division Bench, registering as public interest litigation in right earnest, and not to be dealt with by a Single Bench.
Karur stampede falls within the jurisdiction of Madurai Bench and not Madras High Court Principal seat
20. Pertinently, the Karur stampede falls within the jurisdiction of the Madurai Bench where, writ petitions, seeking investigation by the CBI and also formation of SIT were filed and heard by a Division Bench on the same date. Such being the case, there was no occasion for the learned Single Judge of the Main Seat of the Madras High Court to entertain WP Crl. No. 1000 of 2025, without orders of the Chief Justice of the High Court in that regard. On a query being put, how WP Crl. No. 1000 of 2025 was filed, referring the Karur stampede, before the Main Seat of the Madras High Court, in reply it was submitted that WP Crl. No. 884 of 2025 for the formation of SOP/guidelines before the Main Seat was pending, therefore, the Main Seat may have entertained the aforementioned WP for the same relief. Be that as it may, the subsequent petition in WP Crl. No. 1000 of 2025 was filed for formation of the SOP / Guidelines for which a petition was already pending as stated before us. Therefore, learned Single Judge did not have any occasion to entertain the said writ petition and it ought to have dismissed the petition. But by taking suo moto cognizance even during pendency of writ petitions before the Madurai bench within whose jurisdiction the incident took place and also ignoring that Hon’ble the Chief Minister of the State has already constituted an Enquiry Commission comprising of a retired Judge of the High Court, how far the order of the learned Single Judge was correct in taking suo moto cognizance and creating a SIT, is an issue.
Hon’ble Supreme Court’s two views on Karus Stampede
26. The fact remains that TVK, a regional political party headed by Thiru Vijay, a famous film actor, applied to the police authorities and sought permission to organize several public rallies and meetings all across the State. One such permission was granted by the police authorities on 26.09.2025. During the rally, the Karur stampede took place on 27.09.2025. As such, at one hand, the number of deaths and injuries caused, has stirred public sentiment and shook the conscience of people across the nation. On the other hand, it is the ruling dispensation who have control over the immense machinery of the State, against whom allegations have been brought on affidavit for not having discharged their functions properly. The allegations have been made by the relatives of victims and public-spirited persons seeking transfer of investigation into the matter to the CBI while in the Special Leave Petition filed by the TVK prayer is made to hold an investigation under supervision of any former Judge of this Court. In the two writ petitions, referring various documents and materials, CBI investigation has been prayed. On the first date of hearing and prior to filing the counter affidavit by Respondents, we must refrain from making any comments, therefore, those allegations are left for adjudication on merits at later stage.
28. It is said that even after granting such permission, necessary steps for handling the public gathering were not taken. It is urged before us that if investigation would be carried out by the police personnel whose top officials have already come out before the media, making a statement that their sub-ordinate officers have taken adequate steps and are not at fault, how far such an investigation would be fair. Prima facie, this fact in itself creates a doubt in the minds of the general public about the independence and impartiality of the investigation.
Directions issued
32. Looking to the fact that the issue involved certainly has a bearing on the fundamental rights of the citizens and the incident which has shaken the national conscience, deserves fair and impartial investigation. As such, by way of interim measure, direction deserves to be issued to handover the investigation to the CBI which would lead to fair administration of justice. There cannot be any doubt that fair investigation is the right of a citizen. Therefore, in view of the foregoing, the following interim directions are issued:
(i) The investigation with respect to FIR No. 855/2025 registered on 27.09.2025 in the Karur Town PS is hereby transferred to the CBI.
(ii) The Director, CBI shall forthwith appoint a senior officer for taking over the investigation and appoint some other officers for assistance of the said officer.
(iii) The Superintendent of Police and SHO of the Karur Town PS as well as the SIT set up pursuant to the order of the learned Single Judge and the Enquiry Commission set-up by Hon’ble the Chief Minister, shall immediately hand over the FIR and other relevant papers, evidence – digital or otherwise collected till now for further investigation to the officers of the CBI. 22
(iv) In view of transferring the investigation to the CBI, the direction for appointment of SIT or one-man enquiry commission shall remain suspended.
(v) State of Tamil Nadu is directed to extend full cooperation to the officers of the CBI in the investigation as directed and if necessary, shall provide requisite logistical support to them.
33. In the facts of the case and the prayer as made, in order to allay the concerns of all parties, in the pursuit of independence and impartiality of the investigation, we propose to set up a three-member Supervisory Committee (the “Committee”) headed by a former Judge of this Court. We have requested Hon’ble Mr. Justice Ajay Rastogi (Retd.) who has agreed to head the said Committee. We further request him to choose two Senior Indian Police Service (IPS) officers not below the rank of Inspector General of Police, who may be of Tamil Nadu cadre but shall not be a native of Tamil Nadu, as per the choice of the Hon’ble former Judge. The scope and mandate of the Committee so formed shall be as follows:
(i) The Committee shall monitor the investigation transferred to the CBI and is at liberty to issue proper directions for the areas in which the investigation is required to be carried out;
(ii) It shall monitor the investigation carried out by the CBI as directed;
(iii) The Committee shall have the liberty to review the evidence collected by the CBI from time to time and supervise the investigation to ensure that it reaches its logical conclusion;
(iv) The Committee may undertake an inquiry into any matter ancillary / incidental to the Karur stampede which might be necessary to ensure fair, transparent and independent investigation into the matter as it deems fit.
(v) The Committee shall devise its own procedure as per the directions of the Hon’ble former Judge.
38. The officers of the CBI are directed to submit monthly progress report of investigation to the Committee which may be placed for consideration before this Court as and when required. We further request that the investigation may be completed as expeditiously as possible within the statutory time frame.
39. The W.P. Crl. No. 884/2025 which is pending before the High Court on the issue of formation of SOP/guidelines for political rallies shall be assigned by the Chief Justice to the Division Bench for further hearing.
The order is interim
40. It is clarified that the interim order is passed on the prima facie opinion, subject to further orders after filing of the counter affidavits.
Judgment cited or involved
Supreme Court Matters (The Present Batch):
- Special Leave Petition (CRL) No(s). [Diary No. 58048/2025] (Filed by Tamilaga Vettri Kazhagam)
- Special Leave Petition (C) No(s). [Diary No. 57588/2025] (Filed by Panneerselvam Pitchaimuthu)
- Writ Petition (CRL) No(s). 412 of 2025 (Filed by S Prabakaran)
- Writ Petition (CRL) No(s). 413 of 2025 (Filed by Selvaraj P)
- Special Leave Petition (CRL) No(s). 16081 of 2025 (Filed by GS Mani)
- Madras High Court Proceedings (Orders Challenged/Referred):
- Writ Petition Criminal No. 1000 of 2025 (Order dated 3.10.2025, challenged in SLP Diary No. 58048/2025, concerning the direction for forming a SIT)
- WP(MD) No. 27556 of 2025 (Order dated 03.10.2025, challenged in SLP Diary No. 57588/2025, dismissing a plea for CBI investigation)
- WP(MD) No. 27571 of 2025 (Judgment dated 03.10.2025, challenged in SLP (Crl) No. 16081/2025, rejecting a prayer for transfer to CBI)
- WP Crl. No. 884 of 2025 (Filed by TVK on 16.9.2025, concerning permission for political campaigns, which was later expanded suo moto by the Single Judge to include guidelines/SOPs)
- WP (MD) Nos. 27563, 27532, 27540, 27541, and 27554 of 2025 and batch (Filed at the Madurai Bench, concerning CBI investigation, SOP/Guidelines, and compensation)
- State of W.B. vs. Committee for Protection of Democratic Rights (2010) 3 SCC 517
Acts and Sections involved
- Bhartiya Nayaya Sanhita, 2023 (BNS):
- Sections 105, 110, 125B, and 223. (These sections were registered in FIR No. 855/2025).
- Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 (TNPP Act):
- Section 3. (This section was registered in FIR No. 855/2025).
- Constitution of India:
- Article 32. (Under which Writ Petition (Criminal) Nos. 412 and 413 of 2025 were filed).
- Articles 32 and 226. (Referenced in the judgment for the wide powers conferred on courts, specifically concerning the direction for CBI investigation).
Party
Tamilaga Vettri Kazhagam versus P.H. Dinesh & Ors., with connected cases including Panneerselvam Pitchaimuthu versus The Union of India & Ors., S Prabakaran versus The State of Tamil Nadu & Ors., Selvaraj P versus The State of Tamil Nadu & Ors., and GS Mani versus Government of Tamil Nadu and Ors – Special Leave Petition (CRL) No(s) 16539 of 2025 [Diary No. 58048/2025]; -2025 INSC 1224. – October 13, 2025 Hon’ble Mr. Justice J.K. Maheshwari and Hon’ble Mr. Justice N.V. Anjaria.
